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05/23/2000CITY COMMISSION SPECIAL MEETING CITY OF CLEARWATER May 23, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bill Horne Assistant City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 9:03 a.m. at City Hall. ITEM - Public Hearing & Second Reading Ord. #6559-00 - Calling for Special Election; submitting to City electors a proposed amendment to the City Charter to add Subsection 2.01(d)(8) for purpose of authorizing development and redevelopment of certain municipally owned real property located in downtown, leasing of certain properties for maximum lease term of 99 years, and construction of certain improvements in that area west of Osceola Avenue between Drew Street & Pierce Street lying below the 28' mean sea level elevation; providing for a referendum election. City Attorney Pam Akin outlined the purpose of the ordinance. The intent is to ensure the referendum is all-inclusive. The properties outlined in the ordinance and its exhibits are the only ones for which the voters are being asked to waive the Charter limitations. In response to a question, Ms. Akin said the Commission is being asked to approve this ordinance on second reading within 5 days of first reading due to Commissioner schedules not allowing a later date. In response to a question, Charlie Siemon, Siemon and Larsen, said the developer will pay all bonding costs. He said the right of assignment will be qualified so that it cannot be exercised arbitrarily. In response to a question, David Frisbee of the Master Developer team, said, at this time, they do not plan to acquire properties on Ft. Harrison Avenue between Drew and Cleveland Streets. He said today it is not necessary to vacate the segment of Laura Street in the redevelopment area but it may be beneficial to do so in the future. Property owners will continue to require access to their properties. The City Manager said changing the State road designation of Ft. Harrison Avenue would give the City the ability to make improvements. In response to a question regarding Item #7 of the term sheet, Mr. Siemon said the City shall have no obligation to pay for maintenance of the public improvements west of Osceola. He said any development on the bluff and/or bayfront beyond the items outlined in the redevelopment plan and the ordinance would require another referendum. The term sheet includes an agreement for a $1/year rent for 99 years to the developer until the 51st year at which time the rent increases. However, they receive a credit for money spent to maintain public lands that will be applied toward the increased rent. Expenses for operation and maintenance are expected to exceed rents but, the agreement benefits the City as it states that the City is not obligated to pay any of the excess. Ms. Akin referred to a map of the affected properties and said the Charter provisions are not being removed from the Charter. The exceptions are being created only for this downtown plan and the 7 items outlined in the ordinance. The City Manager said other than the library, bayfront park, and moving the lift station the City has no other fiscal obligations. Three persons spoke in opposition to the proposed ordinance; one person spoke in favor of the ordinance. The City Attorney presented Ordinance #6559-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6559-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Aungst, Clark, Hooper, and Hart. "Nays": Johnson. Motion carried. Commissioners encouraged the public to express their concerns regarding redevelopment plans. Information from the deGuardiola group will be made available to the public. Commissioner Johnson said he is in favor of redevelopment, but not at the expense of taxpayers. He also is opposed to the $1/year rent for 99 years as proposed in the term sheet. The meeting adjourned at 9:41 a.m.